A bill that would amend the Mental Hygene Law that was strongly supported by both CSEA and PEF has been nixed by Gov. Andrew Cuomo, who said in his veto message that the measure would increase the number of state-run institutions and move away from “smaller, integrated community-based care settings run by nonprofit organizations.”

Among other things, the bill would have required that the state ensure “the continuity of care for individuals with a developmental disability by offering state-operated services within the developmentally disabled service offices region where they are currently receiving services.”

According to the veto message:

All people with disabilities should have the opportunity to determine their own plans of care in the least restrictive setting. To that end, the Office for People with Developmental Disabilities (OPWDD) is in the midst of a multi-year transition process phasing away from institutionalized care for persons with disabilities. This downsizing effort is required by the U.S. Supreme Court’s Olmstead decision and a 2011 Transformation Agreement between OPWDD and the Centers for Medicare and Medicaid Services (CMS).

This bill would mandate that OPWDD reverse its policy of community integration, and move back to caring for persons with disabilities in institutionalized state-run settings.

This would run counter to the Olmstead mandate, federal Medicaid guidance, and generally accepted practices for the care of persons with disabilities. For these reasons I cannot approve this bill.

CSEA, expressing “bitter disappointment” over the veto, said that the bill would have ensured a better future for individuals and families living with developmental disabilities.

“This legislation, passed unanimously by both houses of the legislature, would compel the Office of People with Developmental Disabilities to show a true commitment to the well being of individuals with developmental disabilities by ensuring access to a range of treatment and living options that appropriately consider their needs,” said CSEA President Danny Donohue.

Instead, the veto continues the state’s misguided reading of the Supreme Court’s Olmstead ruling concerning care of individuals with developmental disabilities. While that ruling requires care be provided in the least restrictive environment, it also holds that the needs of individuals must be addressed. There are many individuals in state operations in particular, who have a wide range of multiple disabilities and health-related needs, who require more intensive care and supervision.

CSEA believes that the state selectively interprets Olmstead to diminish its obligations to provide appropriate levels of care. The administration’s murky plans for future housing, services and supervision have raised intense concern and criticism from parents, staff and other advocates across the state – much of it expressed at a series of recent public hearings.

Jeff Waggoner

16 Responses

Governor Andy doesn’t care about disabled people. The proof is in his “Justice Center for the Protection of People with Special Needs.” The state has spent tens of millions on this “show piece” — including a staff of over 400 employees. Yet, as the AP reported recently, it has produced very little in the way of arrests and convictions of caregivers accused of abusing the disabled. Typical of Andy’s way of doing things — spend a lot of taxpayer money to make a big splash, claim he’s fixed the problem, and then move on to the next thing that will grab him a headline… before he moves on again. His record is full of such examples, going all the way back to his days at HUD. Check out all the federal taxpayer money he spent on his plan to revitalize communities along the Erie canal. Do they look revitalized to you?

Could it be that the number of alleged abuse and neglect cases is much lower then the liberals made out to be?? From my knowledge the Justic Center is costing millions upon millions of dollars to essentially do what was already being done by agencies and providers to begin with. Closure savings of state institutions for the disabled are just being reapplied to the budgets of the Justice Center. All the Justice Center has done was create more cost to taxpayers, additional layers of big government, created an environment of uncomfort for people employed at these facilties where violence among residents is increasing do to staffers afraid of retaliatory accusations. We must not forget the Justice Center is very overzealous towards staff working in places where juvenile offenders are employed watching dangerous juveniles, and those working inside state hospitals which house dangerous pedophiles, high risk mentally ill, and those types of behaviors disrupt the treatment of the vulnerable disabled. So while the state defunds the real services of need like facility and residential services for the disabled, it redirects those funds to an overzealous agency which provides no real services other then to undermine the staffing, cost taxpayers millions in return for very little outcomes, and provides an opportunity for widespread double dipping, follow the money trails. There just isn’t the wide spread systematic abuse as sold to the legislators and most importantly state taxpayers. They can dismantle the Jutice Center, ensure the existing proper safeguards and investigations are carried out within the agencies themselves, then use all the cost savings to to reinvest back to the agencies to enhance the services. That is a real investment which improves care. This is what all the advocates wanted though, be careful what you wish for sometimes. All the state did was cut funding, dismantled services, then took that money and created a whole new agency with which is a rife with controversy and costing $$$$$$$$$$$ at the expense of the people they are supposed to assist, government at its finest.

The huge issue is the placement of individuals who are disposed to predatory behavior in housing settings with other truly vulnerable people. All in an attempt to close as many state beds as possible.
Families of people who are victims of these predators should be suing the state.

This again proves to the media and all other who wilt in his presence that the Dark Prince is anti labor and anti public service to the core. His plans for the treatment of the DD and severely mentally ill revolve around gifting to the non profit non union entities. His continued push to close Rochester PC, Binghanton PC and WNYCPC are evidence of his agenda to sent dangerously ill folks into unsecured non profit settings. He gambles with the well being of the patients who need care and with public safety. Just disgraceful.

Definitely a misinterpretation of Olmstead, which held that if mental patients’ conditions improved to the point where they could be moved from an Institution to a community program, the State couldn’t just keep them locked up. This in no way implies that mental patients who are a threat to themselves or others must or even should be moved to such programs.
Again, like father, like son. Mario Cuomo’s well-intended closing of state mental hospitals resulted in the mentally ill “falling through the cracks.” Those who weren’t a danger to themselves or others, but weren’t able to function in society, ended up homeless.

File this under “things about politics I just don’t get.”
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If something passes a legislature with a veto proof majority (or unanimously as this did), why not attempt to override the veto? Clearly the measure has support…
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…unless it’s all Kabuki theater. Which is usually the case.
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The part I don’t get: Why voters keep falling for it.

The disabled and mentally ill cannot afford to give 6 figure campaign contributions thru numerous LLC’s to Cuomo, or legislative leaders, thus Cuomo comes down on the side of those who CAN give such contributions. Citizens of NY do not understand how incredibly corrupting and pervasive the effects of NY’s ineffective campaign finance system truly are, to every citizen who must rely on the state for services. Maybe the Silver and Skelos trials will wake them up, and cause ACTION by Citizens to have some kind of thought for and protection for those who need it most, by voting out the office holders who have no concern for citizens. Funding has never been provided for sufficient operation of the community based system. Thus many have nothing whatsoever from the source of last resort, NYS. It makes me ill.

Yea I agree, the Olmstead decision was not a broad “mandate” to move away from facility or hospital based care. It’s intention was to provide for mandated opportunities be provided that if an individual in care is capable of self preservation, desires to live in a residential setting, and if clinicians feel the person is appropriate for community placement then that person shall be provided the opportunity to do so. What we have here is a person somewhat twisting the decision to their political favor. Politics at its best, looks great and gains support of the advocates and family of persons served but when all the damage is done ends up costing taxpayers and everyone more in the long term because eventually you have to go back to square one again to rebuild services and undo the burdens to local communities. All one has to do is check out the mess in Vermont resulting in closure of services to the disabled, especially the mentally ill. Psychiatric emergencies are swamping Vermonts emergency departments statewide,

The outcome would have been different if there were sime LLC campaign contributions influencing the decision. Problem is that the decision should have been based what is best for our most vulnerable citizens.

Elitist Commie Cuomo doesn’t give a crap about disabled people. In fact, the people he appoints to head his state agencies openly mock the disabled. It is interesting that the liberals are always scheming to get more money from taxpayers and claiming it is to help people. In reality, all they are really interested is buying campaign donations from corporations and buying votes from major voting blocks. Unfortunately, the disabled are not a major campaign donor or a major voting block and so they do not matter to people like Cuomo and his ilk.

Advocates say we have to educate government on this issue, that we have no grounds to sue NY State. No amount of education of Cuomo and his cronies will help this situation. They falsely represent Olmstead and then base everything they are doing on a false assumption and do not look beyond that. When the negative results of all these changes to OPWDD happen, Cuomo will be out of state government and not care a bit. How does he sleep?

institutions need to close and go privately along with all state run residential housing and programs. Cost is cheaper as staffing is less expensive.NYS direct care staff does not care at all about the people they are there to serve just their overtime pay. They are mostly people looking to make a quick buck and are as dumb as dirt. Sell off all NYS run group homes and program sites. They are all a waste of tax payers money. Glorified babysitting and does not help the developmentally disabled at all. Run them privately. The staff is much better and more caring in the private sector. All of OPWDD are way over paid from the top down. They will suck every dime out of the state and never care about the people they are hired to care for. They are all in it together to make every bit of money they can. Most are drug addicts and alcholics and the staff that are not are just there to make more money. They all complain about hw hard they work but whenever I go to see my brother in the program or at his group home the staff is sitting watching televison. They are the laziest buch of people I have ever met.
The Justice Center is a joke. The abuse is still happening after they spent millions on hiring. It’s a vicious cycle.